Birth Injury Lawsuit Basics

An introduction to birth injury malpractice claims

Birth injuries are among the most emotionally difficult malpractice situations, because they can affect a child's entire life. Understanding the basics can help you know what to expect if you're considering a claim.

• Birth injury claims can involve harm to the baby, the mother, or both, occurring during pregnancy, labor, or delivery
• Common contributing issues include failure to monitor fetal distress, delayed C-sections, medication errors during labor, and improper use of delivery instruments
• These cases often involve extended statutes of limitations because the claimant is a minor -- but the specific rules vary significantly by state
• Long-term care needs, such as for cerebral palsy or other lasting conditions, are often a major part of these cases and typically require specialized medical and economic experts

Because birth injury cases are highly fact-specific and often involve years of ongoing care needs, an experienced attorney and a team of qualified medical experts are essential to evaluating what happened and what it may mean for your family's future.

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